The Identity of the Constitutional Subject

The identity of the constitutional subject is elusive and problematic as uncontroverted foundations are hard to come by in contemporary constitutional regimes. The notion of the constitutional subject is itself ambiguous because it is not clear whether it refers to those subject to the constitution, or to the makers of the constitution, or to the subject matter of the constitution. Moreover, even if the who or what of the constitutional subject were settled, the concept of constitutional identity would still be fraught with difficulties. Not only is constitutional identity likely to change over time, but it is also likely to be immersed in complex and ambiguous relations with other relevant identities; such as, national, ethnic, religious, or cultural identity.